85Allowing unlicensed people to provide construction

85 Allowing unlicensed people to provide construction service (a) the person engages someone else (the worker), or allows an employee (also the worker), to provide a construction service for the person; and (b) the worker is not licensed to provide the service; and (c) the person is reckless about whether the worker is licensed to provide the service.

(2) Each member of a partnership commits an offence if— (a) a partner engages someone else (the worker), or allows an employee of the partnership (also the worker), to provide a construction service for the partnership; and (b) the worker is not licensed to provide the service; and (c) the partner is reckless about whether the worker is licensed to provide the service. (3) This section does not apply to an entity that provides a service if— (a) the service is provided under the supervision of a licensee; and (b) the licensee is not required by a condition or endorsement on the licence to provide the service as an employee or under supervision; and (c) a regulation allows the service to be provided by an individual without a licence if provided under the supervision of a licensee. mentioned in s (3) and s (4) (see Criminal Code, s 58). (4) Also, this section does not apply to a regulated utility if— (a) the regulated utility engages someone else, or allows an employee of the regulated utility, to provide an electrical wiring service for the regulated utility; and (b) the regulated utility is an exempt regulated utility.

s (5) (see Criminal Code, s 59). exempt regulated utility—see section 84 (7). regulated utility—see section 84 (7).